The administration of justice in Bhutan had been greatly strengthened and an efficient and dynamic legal system established in the country since His Majesty the King ascended the Golden Throne in 1974, said the chief justice of Bhutan, Lyonpo Sonam Tobgye. His Majesty had inspired far-reaching legislative and judicial reforms to respond to the changing needs of a changing society.

The Civil and Criminal Procedure Code

The CCPC, which applies to all civil and criminal cases, states that everyone is equal before the law. The code grants equal and effective protection of the law to all Bhutanese without discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
According to the code, citizens should be tried by ordinary courts of law and not by ad hoc tribunals.
The supreme court sits at the apex of the court structure and the jurisdiction and powers of all the courts are clearly specified.
The code defines the role and professional conduct of jabmis, explains appeal and review procedures and points out what would constitute contempt of court and other associated offences.
The code outlines arrest procedures which forbid arbitrary arrests and the subjection of accused to torture, cruelty, and inhumane or degrading treatment and punishment.
The code empowers Bhutanese courts to issue arrest and search warrants and specifies circumstances under which arrests may be carried out without warrant.
The code allows search of mail "if there is reasonable cause to suspect that a mail or parcel contains" material or information "harmful to public health or security". It also permits wiretapping if authorized by a warrant of the court.
The code states that an arrested person should be informed of the charges for which he or she is arrested immediately after the arrest. Statements by suspects to the police should be voluntary and interrogation of suspects would be permitted only after the person charged is informed of his or her right to consult a jabmi or legal counsel.
Any person arrested or detained for criminal offences with or without warrant should be produced before a court within 24 hours of the arrest and the court should conduct "preliminary hearing" of the case within ten days of registering it. Civil cases should be brought before the judge within 72 hours.
The code also outlines the procedures for "plea of guilty", plea bargains, bail and bond, withdrawal from prosecution, sentencing, and procedures related to the arrest, charges and conviction of juveniles.

"The judiciary of Bhutan has witnessed unprecedented development, guided by the wisdom and vision of His Majesty the King," the chief justice said, adding that this vision would continue to refine the legal system, long into the future, to enhance greater transparency and strengthen the Rule of Law for the well being of all Bhutanese for all time to come.
The chief justice said that His Majesty had repeatedly advised judicial officials "to dispense justice as speedily as possible, to adhere to the rule of law, and to make the judicial process clear".

In 1985, His Majesty had created the post of the chief justice. Subsequently efficient drangpons were appointed, the post of thrim-tshap (acting drangpon) was abolished, and financial and administrative powers were decentralized from the High Court to the dzongkhag and dungkhag courts.

To build the capacity of the judiciary and to safeguard its independence, a separate judicial cadre, distinct from the civil service cadre, was established in 1990. In 1991, formal legal education was initiated when the first group of graduates went to study law in India. A research division was established in 1994.

On royal command, the national legal course was started in 1995 on Bhutanese and international law as well as on Buddhist literature. "Consequently we were able to improve the quality and delivery of justice," the chief justice said. "The course not only proved popular but also very effective and our new breed of lawyers are conversant both in English and in Dzongkha, not only at the working level but at a higher and deeper level."

Also in 1995, the High Court introduced formal training for jabmis (legal counsel) upon the advice of His Majesty the King. Since then about 160 of them were trained.

In 1999, the Office of Legal Affairs was established.

Computers were introduced in the courtroom to provide information for analysis, to expedite the drafting of judgments and to implement the objectives of justice, both qualitatively and quantitatively. Computerized information in court cases helped retrieve precedents rapidly and accurately, thereby enhancing a uniform sentencing system.
The chief justice told Kuensel that legal education and dissemination was also given stronger emphasis.

"Justice is not only adjudication but knowing the process," Lyonpo Sonam Tobgye said. "We need to create awareness on the rule of law, element of fair trial, and the necessity of due process of law to ensure that justice is understood and implemented. We need to disseminate legal education to the grassroots."

The chief justice said that although His Majesty the King had introduced numerous reforms since enthronement, 1988 marked the watershed of reforms.

That year His Majesty had issued a kaja instructing the formation of a high level commission to look into the deficiencies of the judicial system.

"In the kaja His Majesty expressed his deep concern about the delay of justice, about the quality of justice, and about the confidence of the people in the judicial system," said Lyonpo Sonam Tobgye. "Justice was terribly delayed. That was because the system then was based primarily on the experiences of our forefathers. The system had to be reformed to adapt to the changing nature and increasing number of litigation."

The CCPC workshop
Around 1,250 DYT and GYT members who included gups, chimis, mangmis and geog clerks "benefited" from the orientation workshop on the CCPC in the 20 dzongkhags, which wrapped up amidst a solemn and symbolic traditional ceremony in Wangduephodrang this week.
Her Royal Highness Ashi Sonam Dechan Wangchuck, who opened the first workshop in Punakha in August 2001, presided over the closing ceremony in Wangduephodrang as the chief guest. Participants received certificates from Her Royal Highness who also inaugurated the new district court house.
Judiciary officials told Kuensel that the workshop had a "two-fold" purpose.
"Our main objective was to inform the people about their rights, and at the same time, their duties," said ramjam Lungten Drubjur of the royal court of justice.
Participants in Wangduephodrang believed that the benefits of the workshop would transcend "time and mental boundaries".
"It will transform people's thinking totally," gup Bago of Rubi geog told Kuensel. "Earlier we did not know there were laws let alone understand or interpret them." Tenzin from Jala village said that the code summed up all laws in the country. "You are a wise man if you know even a fraction of this code."
Even as farmers waxed eloquent about their legal rights and duties the irony, however, was that the country's elite citizenry – the capital's population – generally appeared to be in the dark about it.
Residents in the capital whom Kuensel interviewed at random did not know there was a civil and criminal procedure code. A few had "vaguely" heard some people mentioning it.
"The High Court should hold some workshops here in the capital as well," a civil servant said. "I don't think it serves their purpose if the supposedly finest brains in the country think that CCPC are just four letters of the English alphabet."

"While the essence and the principles of justice would always remain the same, justice should move with the currents of social and technological changes," the chief justice said. "We have to complement the rising expectations of the people. We must keep upgrading and updating professionalism in the judiciary."
The enactment of the CCPC in 2001 was the most crucial and siginificant reform the judiciary had initiated so far. Through this code, there was improved accessibility to justice and the courts had become "user friendly".

The CCPC, among other things, had streamlined the registration procedure and hearing processes. It upheld the principle of the due process of law. With the code, the judiciary had now become transparent.

"With transparency judges become accountable, and litigants become responsible," the chief justice said. "The code ensures that the end does not justify the means. For justice, the means are equally important."

Lyonpo Sonam Tobgye said that the historical element incorporated in the CCPC made it a unique legal instrument. It had retained the traditional beliefs and customs which had been part of Bhutanese social and cultural life since the time of the Zhabdrung and which were drawn from the fundamental teachings of Buddhism encompassing both spiritual and worldly laws.

The chief justice pointed out that today there were 60 lawyers in the country and 30 more were undergoing studies in law at prestigious universities in India and abroad.

In addition, eight lawyers had completed their Masters in Law (LLM) degrees and were working as ramjams. Two were currently pursuing their LLM studies and more would be sent for advanced postgraduate courses in the near future.

"Studying law has become so popular today," the chief justice said. "This is very gratifying because this is an express recognition of the necessity for the rule of law."

Since 1997, more than 100 bench clerks had been trained and were already working in the courts. Around 40 bench clerks would soon join the judiciary.

The reforms and the development in the judiciary had brought about noticeable improvements in the dispensation and administration of justice.

In 2001, 6,079 cases were decided in 108 days whereas only 1,951 cases took more than 108 days. The dzongkhag courts had decided a total of 11,260 cases. Only 109 cases decided by the dzongkhag courts appealed to the High Court and out of 110 cases decided by the High Court, only 18 appealed to His Majesty the King. The percentage of appeal in 2001 was 1.13.

Despite the progress, the chief justice said that there were still "loud" dissenting views. "Some of the opinions expressed in the recent National Assembly reminded the judiciary, particularly the judges, that we have to work harder to gain people's confidence in the process of administering justice and in our professional conduct."

In future the royal court of justice planned to develop a court website for information and transparency, and to make judgments accessible to everyone all around the country within minutes of delivery. Through the website, transcripts of arguments would also be available.

Infrastructure development would be given particular emphasis in the future. Future court houses and buildings would be "independently located and inspiring structures" reflecting the rich architectural tradition of Bhutan. The construction of the new High Court building was already in progress.

The royal court of justice was also considering the establishment of a formal judges' training institute so that judges could update their knowledge frequently within the country.

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